State v. S.G. (09/24/2020 DWI and DWI in school zone DIMISSED)
On 12/16/2018 the defendant/motorist was operating a motor vehicle on a local roadway when she entered an intersection that was being controlled by a police officer, who was directing traffic. The motorist failed to observe the police officer that was directing traffic and almost struck the officer. The officer dove out of the motorist’s way and the supporting officers immediately effectuated a motor vehicle stop upon the motorist. At the stop, the officers investigating the motorist indicated that she smelled of an alcoholic beverage and directed the motorist to step out of the vehicle. At that moment, the motorist was requested to perform several field sobriety tests, which included: HGN, one-leg-stand, and walk-and-turn. According to the investigating officer, the defendant/motorist failed the field sobriety test and was taken to the local police department. At the police department, the defendant submitted to breath testing that resulted in a BAC of .13%. Defendant was issued the following tickets: N.J.S.A. 39:4-50 (Dui); N.J.S.A. 39:4-50 (g) (DWI school zone); N.J.S.A. 39:4-96 (reckless driving); and N.J.S.A. 39:4-97 (careless driving).
After approximately two years of litigation, the DWI and DWI in school zone charges were dismissed. The defendant did plead guilty to reckless driving in violation of N.J.S.A. 39:4-96, which resulted in a 30-day loss of her driver’s license.